Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

The Partner visas (subclasses 309 and 100) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia.

The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.

1. Length of stay:

On the temporary 309 visa, you can stay until a decision is made about your permanent Partner visa (subclass 100).

On the permanent 100 visa, you can stay permanently. It lasts indefinitely. It starts on the date it is granted.

2. Eligibility:

2.1 You must be married or in a de facto relationship with:

-         An Australian citizen

-         An Australian permanent resident

-         An eligible New Zealand citizen.

Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

You must have been in a de facto relationship for at least 12 months.

2.2 Age

If you are married, usually you must be 18 or older when you apply. This is because usually, you must be 18 or older for your marriage to be valid under Australian law.

If you are a de facto partner, you must be 18 or older when you apply.

2.3 ​Your relationship

You must be the spouse (married) , or a de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

You might still be eligible if your relationship breaks down after you lodge your application.

3. The visa lets you:

The temporary Partner visa (subclass 309) lets you come to Australia to live until a decision is made on your permanent Partner visa (subclass 100).

You can travel outside Australia as many times as you want on the temporary Partner visa (subclass 309).

You can travel in and out of Australia as many times as you want for up to five years on the permanent Partner visa (subclass 100). If you want to travel outside Australia after this time, you must apply for a Resident Return visa (RRV) to re-enter Australia as a permanent resident.

4. ​Family:

You can include your dependent children or stepchildren in your application.

If you are granted the visa, your children will have the same rights and visa conditions as you.

5. Your obligations:

You and your children must comply with Australian laws and your visa conditions.

For more information, please contact us.

Lan Phuong

Nguyen Do Lawyers

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